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For applications received before June 11, 2015, judges decide to approve or refuse applications where a citizenship officer is not satisfied that the applicant has met the residence requirement under paragraphs 5(1)(c), 5(5)(d) or 11(1)(d) of the Citizenship Act or where an applicant is not a permanent resident of Canada.

For applications received on or after June 11, 2015, judges decide to approve or refuse applications where a citizenship officer is not satisfied that the applicant has met the physical presence requirements under subparagraphs 5(1)(c)(i) and (ii), paragraph 5(5)(d) or subparagraph 11(1)(d)(i) of the Act.

Who should be included in this application?

If you are being sponsored as a member of the family class, your spouse or common-law partner (except where your spouse or common-law partner is the sponsor) must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be going with you to Canada (accompanying family members) or not (non-accompanying family members).

All your family members, whether accompanying you or not, must be declared on your application and be examined. If family members are not examined, it is generally not possible to sponsor them at a later date. This includes children in the custody of a former spouse or common-law partner.

In addition, failure to declare family members on your application and have them examined goes against your duty to provide truthful and accurate information, and may cause you to be found inadmissible to Canada.

My child is in the sole custody of my former spouse. Do I need to include this child in my application?

Yes. Even if there is a written agreement or court order to demonstrate that you do not have custody or responsibility, the child is still required to be listed on your application and must be examined.

Having your child examined as a condition of your application preserves your right to sponsor him or her as a member of the family class in the future, when there may be changes to custody or living circumstances.

Medical requirements

To become permanent residents, you and all your dependent children must complete a medical examination.

If your dependent child is a minor of whom you have joint or sole custody, that child is considered a dependant. The child will have to undergo a medical examination even if he lives with the other parent and will not be joining you in Canada.

In some cases, cessation can lead to a refugee also losing their permanent resident status.

Even permanent residents who have lived in Canada for many years could be forced to leave.

One of the reasons that a refugee can lose their permanent resident status is if they voluntarily go back under the protection of their "country of nationality". This is the country they were a citizen of when they fled.

Going back under the protection of the country of nationality is called "re-availment".

The Minister may apply for cessation based on this reason if a protected person has:

-travelled to their country of nationality
-applied for or renewed a passport issued by that country

Assessing dual intent

A person’s desire to apply for permanent resident status in Canada may be legitimate. An officer should distinguish between an applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing bona fide, the individual circumstances of the temporary resident applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific case before an officer.

In assessing an application for temporary residence an officer may also consider factors such as:

-the length of time that the client will be spending in Canada;
-the means of support;
-obligations and ties in the home country; and
-compliance with requirements of the IRPA and Regulations applicable to temporary residents (visitors, students and workers).

If an officer has concerns/doubts about the applicant’s bona fide, the applicant must be made aware of these concerns and given an opportunity to respond to them. If an application for temporary residence is not approved, the CIC visa officer will provide the client with a letter explaining why an application has been refused.

Temporary residence status might be refused for several reasons, including:

-history of having contravened the conditions of admission on a previous stay in Canada;
-lack of or insufficient proof of adequate funds to support oneself while in Canada, and to affect one’s departure from Canada;
-medical inadmissibility;
-not satisfying the visa officer that the individual will leave Canada at the end of their period of authorized stay.

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.